I want my baby back!

I'm not a legal expert at all, but if the facts are as you state them, it seems to me that you would be within your rights to say that you've changed your mind and do in fact want to parent your child, and that at this point, you'd have a good chance of getting her back.

If you're native American and the potential adoptive parents are native American, I'm assuming you're in the US. And I know that it varies from state to state, but I seem to remember that in most states, most birth mothers have at least thirty days after the birth of the child to decide if their decision to place for adoption is indeed what they really want to do or not- during which time that baby is not totally legally free for adoption. This makes perfect sense to me -how can someone know before actually having the baby and handing him/her over that they will be able to live with this decision?

But I do have one question- if you never signed any papers or consent, how was the 'agreement' manifested with the couple who want to adopt your baby?

I hope you get your wish and that everyone involved - including the couple who wish to adopt your child - understand what a hard and wrenching decision you had to make and that you are entitled to change your mind.

I know I wouldn't want to take a baby from a mother who had decided she does want to parent her own child. Maybe the potential adoptive parents will feel the same way - if they know that you do want your baby - they'll understand it's your right first and foremost to parent that child. She is YOUR baby.

But I would let the appropriate people know as soon as possible. I wouldn't let another minute go by without starting the process to get your baby back with you. Time is on your side right now, but with every minute that passes - so does your legal right to have your daughter back with you.

You had post-partum depression and as such any agreement was taking advantage of you.

Was this agreement a part of US court system or tribal agreement?

In any case, a tribal lawyer should advocate for you.

I know you are thinking about what is best for the baby. It is difficult to put our feelings aside and think about what is best for the child in the long run.

Best of luck to you. I know this is very hard time for you.

Peace in your decision . . .

She said she made this agreement PRIOR to having the baby, not AFTER, therefore, post-partum depression has nothing to do with her giving her baby up.

Tribal law could be different but I believe in most cases there is a 6 month period between relinquishment and adoption. If you haven't signed anything and there is only a verbal agreement you should be able to get your baby back.

You might try writing to CUB (concerned united birthparents) http://www.cubirthparents.org/

I'm pretty sure the law is on your side right now. You have signed no papers relinquishing your child to this couple. Your agreement beforehand was verbal? The custody order was for emergency purposes?

Actually, your child is not yet adopted as far as I can see. Is it even necessary to have a court procedure? Like someone said, contact a tribal attorney ASAP.
Good luck to you lyndsey33. You'll make a fine mother, I'm sure, should you hold to that decision.

She made the initial verbal agreement under great duress and outside influence and gave the baby up under post-partum depression.

Oh, God no, don't mention post-portum depression. That is a terrible thing and it doesn't exactly go away in a day. I just hope lyndsy has helpful and loving parents to help her.

thank you soooo much aidan!!! i really appreciate your feedback. I am starting to feel good about the possibility of getting her back. The only agreement we had was me verbally telling them that they could adopt my baby. This decision was made while I was still pregnant. We were doing the adoption process through the tribal court since all parties involved are native american. However, I have just recently found out that through ICW laws the mother has 10 days to sign any papers giving her consent or rights. So!!-Tuesday morning I will go down to the ICW office and tell them I want my baby back, and this will all happen within that 10 day period.
I am really optimistic about the whole thing now. Thanks for your words of understanding!! Really makes me feel a whole lot better. :-)

Thank you everybody!! I've done a lot of research on this and I am starting to feel pretty confident that I can get my daughter back. And all your of encouragement make me feel so much more better. I found out through a lawyer that through ICW federal laws, that I have 10 days before I am to sign over my consent to adopt. This 10 days is more or less like a grace period for me in case I do change my mind. So since Monday is memorial day, I am going first thing Tuesday morning to get her back. And this will all be within the 10 days after birth.

Thank you to everybody who took time to read my post, or leave me a comment.

Lyndsey

WRONG

You're welcome lyndsey. I wish only happiness and a bright future for yourself and your little girl. If it doesn't feel too intrusive - I'd be interested to hear how things work out for you both.

i will be sure to let you know. Tomorrow I go down and speak with the ICW director and start making arrangements to get my bab girl back. I was a fool to underestimate the power of a mother love for her child. I really thought giving her to her dad's side of the family would be easy for me, but its too much. This will cause a lot of drama, and I will have ALOT of people angry at me, not to mention the stress and hurt I will be causing the couple. But if thats the price I have to pay to get her back in my life, then so be it. Wish me luck. Thanks.

I do wish you luck. You have to do what you know is the right thing to do for you and your baby- and that's the bottom line.